Paperless Post Terms of Service

Description of Service: Paperless Post is an online platform to create, send, distribute and receive custom digital invitations and stationery (collectively “invitations”, “greetings”, “Cards”, and “Flyers”) and provide event management tools and services to help people gather more easily and meaningfully in real life and virtually. The Services provide hosts with online tools to design, and distribute invitations with features to facilitate and manage events (“Host” or “Sender”), and provide guests with ability to communicate their response and utilize services to participate in the event (“Guest” or “Receiver”). Hosts that are using Paperless Post for business purposes or larger complex events, can choose Paperless Pro on the home page and elsewhere, to access Cards and Flyers, with customization and management tools features appropriate for those events. All Hosts, Guests and browsers who access or interact with the Service are considered “Users” hereunder. Paperless Post is committed to ensuring that the Service is accessible to all Users. Click here for more information.

Our Service may link to Paperless Post Party Shop, our e-commerce website located at https://partyshop.paperlesspost.com (“Party Shop Site”). There you may order and we will deliver, party products related to the theme of your invitation sent, including party supplies, decorations, and gifts. Paperless Post Party Shop is hosted on Shopify and has its own terms of service here.

Our Service may also integrate or otherwise link to products and services offered by third parties, including a web-to-print product vendor, gift registries and other products and services to facilitate and manage events. Such third party products and services may be subject to the additional and/or alternate terms and conditions and privacy policies of the third party providers.

Your registration obligations: You must register with Paperless Post in order to access certain functions and features of the Service, and maintain a personal or business, as applicable, account on the Service. Only a registered Host may add Guests and send their invitations through the Service or create a link to distribute invitations off the Service using a third party service (including Host’s personal or business Text (defined below) email or messaging apps), and track, collect responses, send follow-up messages and manage an event on the Service tracking page (“Manage Page”). Only a registered Host or Guest may login to the Service and access their personal account history of events sent or received (for both past and upcoming events), upload and store address book contacts, upload content/photos, send messages through the Service, and manage real-time email and push notifications in the Website and Apps. Any Guest can RSVP to an invitation, leave public comments or upload a photo on the event page (“Event Page”), and send private messages to the Host through the Service, without becoming a registered User. If you choose to register for the Service, you agree to provide and maintain current and accurate information about yourself as prompted by the Service’s registration form. Once registered, you are a User with a password to access your personal account on the Service, and fully use the features thereof.

We may offer you the ability to register and/or log in to our Service using Facebook, Google, Apple or third-party services. These third-party services are detailed further in our Privacy Policy, located at https://www.paperlesspost.com/privacy-policy. Paperless Post does not control, is not responsible for, does not endorse, and fully disclaims any and all liability associated with your use of such third-party services. You represent and warrant that you will comply with all terms and conditions associated with such third-party services, and agree to defend and hold Paperless Post, its subsidiaries and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to any such third-party services.

Registered User account, password and security: Registered Users are responsible for maintaining the confidentiality and security of their login credentials and account information, and are fully responsible for any and all activities that occur under their password or account. Users agree to (a) immediately notify Paperless Post of any suspected or actual unauthorized use of a password or account or any other breach of security, and (b) exit from their account at the end of each session accessing the Service. Paperless Post will not be liable for any loss or damage arising from a User’s failure to comply with this term.

Modifications to Service: Paperless Post reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part or feature thereof) with or without notice. Without limiting the generality of the forgoing, Paperless Post may change its pricing at any time or add new fees and charges from time to time, but will provide notice to you of these changes via information on the Service. You agree that Paperless Post shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

• post, email or otherwise transmit any content that:
  • is unlawful, harmful, threatening, abusive, or harassing, tortious;
  • is defamatory, libelous or invasive of another’s privacy;
  • is fraudulent;
  • is discriminatory, hateful, violent or attacks anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities or other protected characteristic;
  • is vulgar, obscene, degrading, indecent, sexually explicit, pornographic or otherwise objectionable;
  • you do not have a right or prior express consent to transmit under any law or under contractual or fiduciary relationships;
  • infringes any intellectual property or other proprietary rights of Paperless Post or any other party;
  • constitutes unsolicited/unauthorized advertising or commercial content, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to receive such advertising or materials or be included in such a process (commercial or otherwise);
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • in the sole judgment of Paperless Post, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Paperless Post or its users to any harm or liability of any type;
• “stalk”, harass or otherwise violate the legal rights of others;
• harm, endanger or exploit minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including by providing false or fictitious email addresses, telephone numbers or other personal contact information (whether such information for you or any other person);
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
• download any file that you know, or reasonably should know, cannot legally be distributed in such manner;
• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• violate any terms which may be applicable for any particular area of the Service; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
• use the Service in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service; or
• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special notice for International Users: Recognizing the global nature of the Internet, you agree to comply with all applicable laws, rules and regulations regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

The Service is subject to United States export controls and economic sanctions laws. In accepting these Terms you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country or region to which the US, UN, and EU/UK, has embargoed goods and/or services of the same type as the Services, including without limitation, Cuba, Iran, North Korea, Sudan or Syria, and the Crimea region of the Ukraine; and (b) that you and any entity you are acting on behalf of are not named on nor owned or controlled by, any government denied-party list including the applicable US, and UN lists.

Service content, software and trademarks: You acknowledge and agree that the Service may contain content ("Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Paperless Post, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. Provided that you are eligible for use of the Service, you are granted a limited license to access and use the Service and the Service Content and to download or print a copy of any portion of the Service Content to which you have properly gained access provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein, without the prior written permission of Paperless Post, is strictly prohibited and will terminate the license granted herein. The technology and software underlying the Service is the property of Paperless Post, our affiliates and our partners (the “Software”). Except to the extent permitted by the law notwithstanding any contractual prohibition, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved.

The “Paperless Post” name and logo are trademarks and service marks of Paperless Post (collectively the “Paperless Post Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Paperless Post. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Paperless Post Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Paperless Post Trademarks will inure to our exclusive benefit.

User content posted on the Service: You are solely responsible for the content and other materials you post on or through the Service or transmit to or share with other users or recipients, including any trademarks contained therein (collectively, “User Content”). You will not post any User Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Paperless Post and its affiliated companies and agents a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Except as otherwise required by law, Paperless Post and its designees may, but have no obligation to, remove, edit, block, and/or monitor User Content at any time for any reason, including activity which, in its sole judgment: violates the Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, illegal, or otherwise objectionable; or violates the rights of, or harms or threatens the safety of Users of the Service.

You acknowledge and agree that Paperless Post may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Paperless Post, its Users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge and agree that upon a request from a Guest, you will remove that Guest’s name from a public guest list on the Event Page, or Customer Support will remove it, if the Guest emails help@paperlesspost.com.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Paperless Post are non-confidential and Paperless Post shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

IP infringement and illegal content complaints: Paperless Post respects the intellectual property of others and does not tolerate illegal content posted on or through the Service, and we ask our users to do the same. Paperless Post will promptly process and investigate notices of alleged infringement and other illegal content, and will take appropriate actions under the US Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement, and under the EU Digital Services Act (“DSA”) with respect to any illegal content.

If you believe that any content posted on or through the Service is illegal, and/or if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information:

• if you are claiming any content infringes copyright or other intellectual property rights, an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the alleged illegal content, or copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the content that you claim is illegal or infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, (made under penalty of perjury for any notices made under the DMCA) that you have a bone fide belief that the above information and allegations in your notice are accurate and complete, and, if you are claiming infringement of copyright of other intellectual property rights, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You can submit your complaint notice by completing and submitting this form to Paperless Post.

Paperless Post’s Agent for notice of claims of copyright or other intellectual property infringement, and for notice of alleged illegal content can be reached as follows:

Paperless Post Agent
115 Broadway
New York, NY 10006
agent@paperlesspost.com
877-605-8644 phone

• Via Paperless Post Service: Cards and Flyers, that are not Premium Cards or Flyers (as defined below), are free to customize and send to email addresses or as Texts through the Paperless Post Service, up to a specified number of emails or phone numbers (“Free Cards and Flyers”). All Cards and Flyers sent beyond the free limit must be paid for (“Paid For Cards and Flyers”). Click here for more information on sending limits for Free and here for Paid For Cards and Flyers.
• Via your distribution of a Share Link: You can distribute your Card or Flyer off the Service via a link generated and available on the Manage Page, using your personal or business Text, email, messaging on social media apps, or other platforms you prefer, and collect RSVPs on the Paperless Post Service (“Share Link”). Click here for more information on Share Link.

RSVP and Management Tools: Cards and Flyers, whether free or paid for, that you send through the Paperless Post Service, include free tracking of whether a guest opened or RSVP’d, when applicable, and other guest list communication and management tools on the Host’s Manage Page. If you chose to distribute a Share Link you cannot track guests who have opened the Card or Flyer and not responded. Once the guest has RSVP’d you can use the guest list communication and management tools.

Premium Cards and Flyers: Some Card and Flyer designs are designated as premium by default, and/or during customization you may choose to add a designated premium design feature(s) to the Card or Flyer that you must pay for prior to sending (“Premium Cards and Flyers”), whether sent through the Paperless Post Service or distributed as a Share Link. Click here for more information on Premium Cards and Flyers pricing.

You pay for Cards and Flyers using Paperless Post Coins, purchased on the Service (defined below). You will see the number of Coins required to send each Card, or Flyer while you are customizing the Card or Flyer (”Coin Calculator“). Click here for more information on Coin Calculator.

In addition, when sending any Card or Flyer invitation, you may choose to purchase for that event, additional customizations and guest management tools, bundled for a fixed number of Coins (”Plus“ or ”P+“). Click here for more information on Plus.

Click here for more information on Free and Premium Cards and Flyers.

Paperless Pro: This is a pathway that is optimized for sending Cards and Flyers on behalf of an organization or other legal entity, as opposed to your sending to friends and family (“Paperless Pro”). If you chose Paperless Pro, features including advanced guest tracking analytics, and the option to brand invitations, greetings and email templates with your own logo, will be available for your event. You can access Paperless Pro from the topmost navigation on the homepage or choosing “professional” via a dropdown when you’re selecting an invitation or greeting. Click here for more information on Paperless Pro.

Payment with Paperless Post Coins: All payments are made using Paperless Post coins, the virtual currency purchased and redeemed exclusively on the Service (“Paperless Post Coins” or “Coins”). You purchase Coins in packages (“Purchased Coins”), or are granted Coins for free when you register on the Service or for other actions, at Paperless Post’s discretion (“Free Coins”). All Coins are saved in your account, and automatically debited upon:

• Sending per email and telephone number for Paid For and Premium Cards and Flyers;
• Adding Plus per event and
• Using Share Link for distribution of Premium Cards and Flyers.

Coin Purchases on the Website: By making a purchase on the Website, you authorize Paperless Post or its designated payment processor to charge the credit card account you provide for the payment, for the amount specified at check-out. All payments must be made using a credit card. Payment values are in US dollars or other currency presented to you at check-out as determined by your IP address geolocation or the zip code or country code that you provide when submitting your payment information. You will receive an email invoice detailing your purchase, including any applicable taxes where Paperless Post is obligated to collect and remit taxes on your behalf to the authorities in geolocated country. Please email any questions about Coin purchase invoices tohelp@paperlesspost.com.

You are responsible for all applicable charges, including any sales or use tax, duties, GST/HST, VAT, or other governmental taxes or fees payable in connection with your purchase, and Paperless Post reserves the right to collect such taxes or other fees from you at any time. Paperless Post reserves the right to terminate your account for any reason, including credit card processing issues. If you would like to delete a credit card from your account please email your request to help@paperlesspost.com.

Any In-App Coin purchases you make in our Apps are transactions with either Apple or Google. For additional terms that apply to for those Coin purchases see “Additional Terms From Third Party Platform Providers”.

Purchases of Paperless Post Coins are not refundable, whether used, and are not transferable. Unused Purchased Coins may be subject to applicable U.S. state escheat law. Unused Free Coins expire one year after being granted to you by Paperless Post. If you are a User and contact us to exercise your rights to terminate your account and delete your personal data, the Coins remaining in your account will no longer be redeemable.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Paperless Post and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Paperless Post agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Additional Terms From Third Party Platform Providers

We may offer our Apps through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain any such App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software Applications: With respect to Apps made available through Apple Inc. (“Apple”, and such Apps, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

• Paperless Post and you acknowledge that these Terms are concluded between Paperless Post and you only, and not with Apple, and that as between Paperless Post and Apple, Paperless Post, not Apple, is solely responsible for the Apple- Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the usage rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions (the “Apple App Store Terms of Service”).
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product, as applicable, that you own or control, as permitted by the usage rules set forth in the Apple App Store Terms of Service, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Paperless Post’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Paperless Post and you acknowledge that Paperless Post, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Paperless Post and Apple, Paperless Post, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints or claims with respect to the Apple- Enabled Software, they should be directed to Paperless Post at the contact information listed in these Terms.
• You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
• Paperless Post and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to any Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.